What parents rights do I have when my child is in residential placement?

Special education law still governs the IEP, and it governs the school district’s responsibility. Maltz says, “Parents still have the same rights under the IDEA. They have the right to participate in the decision-making process regarding the provision of special education to their child; they have the right to grant or not grant consent to implementation of various parts of the IEP. Really, all of the parent rights remain the same.” Even if your child is in an out-of-state RTC, your state’s laws still apply with respect to the school district’s obligation because your home school district is providing the placement, and often the residential school will have signed a contract agreeing to comply with the home state’s laws.

The school or facility still needs parental consent to treatment when a child is living there, unless it’s an emergency where it wouldn’t be practical or safe to wait to receive consent. And if a placement isn’t working, parents can request a new one.

For more information, see our full article Residential Placement 101